Taunton filing emergency motion over faulty Star Theater windows

Four days after authorities say a glass pane blew out of a Star Theater window and nearly hit a city resident and a Taunton cop, the city’s law office is filing an emergency motion for building owner Michael O’Donnell to make repairs and pay for municipal overtime. Taunton City Solicitor Ja...

Four days after authorities say a glass pane blew out of a Star Theater window and nearly hit a city resident and a Taunton cop, the city’s law office is filing an emergency motion for building owner Michael O’Donnell to make repairs and pay for municipal overtime.

Taunton City Solicitor Jason Buffington on Monday said he’ll file the emergency motion today with the housing court’s southeastern division, located at Taunton Trial Court on Broadway.

Police say a 48-year-old Taunton man just before 4 p.m. Friday reported that while walking past Leonard Block/Star Theater, a piece of glass fell off the old building, located adjacent police headquarters at 107-111 Main St.

TPD Sgt. Richard Carreiro reports that just as he was accompanying the man back to the Star Theater, a large piece of glass crashed down onto Main Street — approximately 10 feet from where the two men were on the sidewalk.

“The glass vaulted out at me and ended up in the middle of the road,” Carreiro on Monday said.

Police notified Taunton’s department of public works, who in turn dispatched an employee to sweep up the glass.

Police Chief Edward Walsh, meanwhile, ordered that a pedestrian barricade be erected to protect both passerby and vehicles that might park in front of the nearly 150-year-old, four-story building.

A copy of Buffington’s document notes that he left a detailed message at a phone number O’Donnell previously furnished the court to alert O’Donnell of his intention of filing the emergency motion.

It also states Buffington on Monday personally left copies of the motion, as well as an affidavit supporting the motion, at 73 Main St., site of the former Main Street Pizzeria.

O’Donnell, according to Buffington, has listed the defunct pizza/sandwich shop with the court as a mailing address; the 49-year-old O’Donnell in the summer of 2012 submitted a high bid of $115,000 to buy what had been a foreclosed property.

Buffington’s emergency order asks the court to force O’Donnell to hire a licensed contractor to replace each pane of glass that broke and fell out, and to replace every pane of glass facing a public way in danger of falling out of its frame.

Buffington says building inspector Robert Pirozzi would make a “reasonable” determination regarding each window.

The public ways include both Main Street and its adjoining Summer Street, as well as Leonard Court, an alley running between Leonard Block and the now closed arson-damaged City Hall.

Buffington wants O’Donnell — who is also being pressured by Raynham to clean up the exterior of a house he owns on Titicut Road — to compensate the city for just over $355 in overtime pay.

The overtime, Buffington said, breaks down to $135 for the DPW and $220 for police. Police union rules require a four-hour minimum at the current OT rate of $55.20 per hour.

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Buffington’s emergency motion stipulates that O’Donnell obtain “all necessary building and other permits in order to perform such work.”

By allowing the Star Theater to fall into disrepair to the extent of falling glass, O’Donnell, according to Buffington, is placing those traveling by the building in “grave danger.”

Housing court Justice Anne Kenney Chaplin, in January, ordered O’Donnell before day’s end to remove a potpourri of semi-functional construction vehicles, assorted building materials and general refuse from Leonard Court.

He complied with the order.

Buffington, in his emergency motion, notes that March will mark three years since the city has taken legal action against O’Donnell to make significant structural repairs to the forlorn Leonard Block.

It also notes that in April 2010 the court ordered O’Donnell to secure all broken and missing windows and to secure “all holes in the roof.”

The latter is significant in terms of a potential fire because ventilated air feeds flames.